Arancel Resoluciones D-Memoranda Medidas comerciales Requisitos OGA Regímenes de sanciones

Ruling C-2015-000274

active

&&The main enclosure is made of 1.35 mm thick white painted sheet metal, the front and bottom are white ABS panels having dimensions of 77mm (H) x 210mm (D) x 280mm (W) and weighing 1.8kg. It also includes an accessory made of PC with electrodes made of glass having dimension of 180mm (L) x 37mm (W). The high frequency electrical current is created by a high voltage coil located inside the accessory handle. It stimulates collagen and elastin production, kills bacteria, breaks up dead skin cells and improves absorption of skin care products. This apparatus is sold to estheticians, cosmetologists or beauty specialists. This equipment is a non-invasive and non-surgical apparatus marketed to the beauty and the wellness industry.

Clasificación SA

8543.70.00.00

Razonamiento CBSA

&&In order to be regarded as article of Heading 90.19, the product would need to meet the terms of the heading as "mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus." A mechano-therapy appliance is described as used mainly to treat diseases of the joints or muscles, by mechanical reproduction of various movements. The product does not meet the definition of a mechano-therapy appliance nor of a massage apparatus as stated in your request. Therefore, it is not considered an article that would fall under Heading 90.19.&&&&Although the machine is for use in a professional setting, it is not of a kind used in medical, surgical, dental or veterinary sciences covered by Heading 90.18 and therefore does not meet the terms of the heading.&&&&The product therefore is to be classified under Chapter 85 as it is powered by electricity and administers electrical current as the treatments it offers. Legal Note 3 to Section XVI states that: "Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function." The principal function of this product is that of producing high frequency electrical current. Heading 85.43 provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this Chapter. The product, operating wholly electrically and is not specified or included in any other heading of Chapter 85, nor covered more specifically by a heading of any other Chapter of the Nomenclature, falls under Heading 85.43.&&

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